- 1 - HC-KAR NC: 2025:KHC:38457 CP No. 209 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MRS. JUSTICE K.S. HEMALEKHA CIVIL PETITION NO. 209 OF 2025 BETWEEN: SMT. PADMA (VEENA) W/O MAHESH M.E AGED 29 YEARS R/AT PADMA SURABHI CHICKEN CENTRE (NAGAVALLI) HANUMANTHANAGAR, NAGAVLLI POST, HEBBUR HOBLI TUMKURU TQ AND DIST. PIN - 572 118. …PETITIONER (BY SRI M.B.CHANDRA CHOODA, ADV.) AND: SRI MAHESH M.E S/O ESHWARAIAH AGED 37 YEARS R/AT 79, 6TH FLOOR SHARADHA MARKET C.T. STREET, BENGALURU - 560 002. …RESPONDENT (NOTICE TO RESPONDENT IS SERVED AND UNREPRESENTED) THIS CIVIL PETITION IS FILED UNDER SEC. 24 OF THE CIVIL PROCEDURE CODE. 1908 PRAYING TO ORDER FOR TRANSFER OF MC NO.1309/2025 PENDING ON THE FILE OF THE IST ADDITIONAL PRINCIPAL JUDGE, FAMILY COURT AT BENGALURU TO THE PRINCIPAL JUDGE, FAMILY COURT, TUMAKURU, FOR DISPOSAL IN ACCORDANCE WITH LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:38457 CP No. 209 of 2025 CORAM: HON'BLE MRS. JUSTICE K.S. HEMALEKHA ORAL ORDER 1. The present petition is filed by petitioner-wife seeking to withdraw M.C.No.1309/2025, instituted by the respondent-husband seeking dissolution of marriage by invoking Section 13(1)(ia) & (ib) of the Hindu Marriage Act, 1955 ('Act', for short), pending on the file of the Principal Judge, Family Court, Bengaluru, and transfer the same to the Court of Principal Judge, Family Court, Tumakuru. 2. Heard the learned Counsel for the petitioner. 3. Learned Counsel for the petitioner submits that petitioner is presently residing at Tumakuru along with her minor child, who is aged about 6 years. The travel distance from Bengaluru to Tumakuru is around 70 Kms. one way. Compelling the petitioner to attend the proceedings at Bengaluru, more so when she has the - 3 - HC-KAR NC: 2025:KHC:38457 CP No. 209 of 2025 custody of a minor child would cause great hardship and inconvenience. 4. Though the respondent has been served with the notice, he has chosen to remain absent. Hence there is no representation. 5. It is the cardinal principle underlining matrimonial cases where the wife seeks for transfer of proceedings by invoking Section 24 of CPC, the paramount consideration of the Court is the convenience of the wife, rather than the inconvenience that may be caused to the respondent- husband. 6. In the instant case, petitioner who is residing at Tumakuru along with her minor child aged about 6 years. The travel distance from Bengaluru to Tumakuru is around 70 Kms. one way, which requires more than 2½ hours of travel. Compelling the petitioner, who has the care and custody of a minor child, to travel frequently causes great hardship and inconvenience. - 4 - HC-KAR NC: 2025:KHC:38457 CP No. 209 of 2025 7. The Apex Court in the case of N.C.V. Aishwarya Vs. A.S.Saravana Karthik Sha1(Aishwarya) has held that the ends of justice should demand the transfer and, given the prevailing socioeconomic paradigm, generally the wife's convenience must be looked at while considering a transfer under Section 24 of CPC, in matrimonial matters Courts must weigh the economic and social circumstances of the parties. 8. For the foregoing reasons, CP warrant acceptance, this Court proceeds to pass the following: ORDER ii) The Civil Petition is allowed. ii) M.C.No.1309/2025 pending on the file of the I Addl. Principal Judge, Family Court, Bengaluru, is withdrawn and transferred to the Court of Principal Judge, Family Court at Tumakuru. 1Civil Appeal No.4894/2022 - 5 - HC-KAR NC: 2025:KHC:38457 CP No. 209 of 2025 iii) Parties are directed to appear before the Principal Judge, Family Court, Tumakuru, on 24.10.2025 without waiting for further notice. iv) Since the respondent has not entered appearance before this Court, in the event he does not appear before the Family Court at Tumakuru on the aforesaid date, necessary steps shall be taken to issue notice to the respondent. Sd/- _____________________ JUSTICE K.S. HEMALEKHA KK List No.: 1 Sl No.: 7